CHILDREN GUARDIAN AD LITEM
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HB 5932 — CHILDREN GUARDIAN AD LITEM
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 96th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Bill of Rights for Children. Provides that if a petition is filed under the Juvenile Court Act of 1987 alleging that a minor is an abused, neglected, or dependent minor, the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian that the court will appoint a guardian ad litem to protect the minor's interests if the minor is alleged to be an abused or neglected child or is alleged to be the victim of a sex offense and that charges have been filed against a defendant in court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense. Provides that the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian, that the court may appoint a guardian ad litem if there may be a conflict of interest between the minor and his or her parents or other custodian or that it is in the minor's best interest that such guardian ad litem be appointed.
Bill Text
What changed in the latest version
15 added · 32 removedPlain-language change summary
The recent amendment to HB 5932 introduces a new section that allows courts to appoint a guardian ad litem for minors under 18 years old who are victims or witnesses of violent crimes. This change is important because it ensures that the minor's interests are represented in court, especially if there is a conflict with their parent or guardian. This measure aims to provide better protection for vulnerable minors during legal proceedings, making sure their voices are heard and their well-being prioritized.
*LRB09618377RLC33754b* HB5932 96THEngrossed GENERALLRB096 ASSEMBLY18377 StateRLC of33754 Illinoisb andAN 2010ACT HB5932concerning Introducedchildren. 2/10/2010, by Rep.
Emily McAsey SYNOPSIS AS INTRODUCED:
ILCS 115/2 from Ch.
38, par.
1352 ILCS 115/3.5 new Amends the Bill of Rights for Children.
Provides that if a petition is filed under the Juvenile Court Act of 1987 alleging that a minor is an abused, neglected, or dependent minor, the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian that the court will appoint a guardian ad litem to protect the minor's interests if the minor is alleged to be an abused or neglected child or is alleged to be the victim of a sex offense and that charges have been filed against a defendant in court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense.
Provides that the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian, that the court may appoint a guardian ad litem if there may be a conflict of interest between the minor and his or her parents or other custodian or that it is in the minor's best interest that such guardian ad litem be appointed.
LRB096 18377 RLC 33754 b FISCAL NOTE ACT STATE MANDATES MAY APPLY ACT MAY REQUIRE REIMBURSEMENT A BILL FOR HB5932 LRB096 18377 RLC 33754 b AN ACT concerning children.
If a petition is filed under Article II of the Juvenile Court Act of 1987 alleging that a minor is an abused, neglected, or dependent minor, the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian that the court will appoint a guardian ad litem to protect the minor's interests if the minor is alleged to be an abused or neglected child or is HB5932 Engrossed - 2 - LRB096 18377 RLC 33754 b alleged to be the victim of a sex offense and that charges have been filed against a defendant in court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense.
Section 10.
The Rights of Crime Victims and Witnesses Act is amended by adding Section 6.5 as follows:
(725 ILCS 120/6.5 new) Sec.
6.5.
Minors under 18 years of age;
guardian ad litem.
In any case in which a minor under 18 years of age is the alleged victim or witness of a violent crime, the court may appoint a guardian ad litem for the minor if the court finds that there is a conflict between the minor and his or her parent, guardian, or other custodian or that it is otherwise in the minor's best interest that a guardian ad litem be appointed.
Unless the guardian ad litem is an attorney, the guardian shall be represented in the performance of his or her duties by counsel.
Action History
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Session Sine Die
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Rule 19(a) / Re-referred to Rules Committee
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Placed on Calendar - Consideration Postponed
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Third Reading - Consideration Postponed
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 2 Adopted by Voice Vote
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House Floor Amendment No. 1 Adopted by Voice Vote
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Second Reading - Short Debate
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House Floor Amendment No. 2 Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-000-000
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House Floor Amendment No. 1 Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-000-000
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House Floor Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee
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House Floor Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Emily McAsey
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House Floor Amendment No. 1 Referred to Rules Committee
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House Floor Amendment No. 1 Filed with Clerk by Rep. Emily McAsey
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Judiciary II - Criminal Law Committee; 007-000-000
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Assigned to Judiciary II - Criminal Law Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Emily McAsey
Sponsors
- Emily McAsey · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Emily McAsey
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HB 5932 do?
- Amends the Bill of Rights for Children. Provides that if a petition is filed under the Juvenile Court Act of 1987 alleging that a minor is an abused, neglected, or dependent minor, the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian that the court will appoint a guardian ad litem to protect the minor's interests if the minor is alleged to be an abused or neglected child or is alleged to be the victim of a sex offense and that charges have been filed against a defendant in court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense. Provides that the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian, that the court may appoint a guardian ad litem if there may be a conflict of interest between the minor and his or her parents or other custodian or that it is in the minor's best interest that such guardian ad litem be appointed.
- Who sponsors HB 5932?
- HB 5932 is sponsored by Emily McAsey.
- What is the current status of HB 5932?
- This bill died with 96th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 5932?
- Track HB 5932 free on One Click Politics — get push/email alerts when it moves.
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